Curtis Warren-- Own Goal--- More to come?

Readers who have been following my Blogs will know that I have devoted some time to the arrest of Curtis Warren and his team who were attempting to illegally import cannabis to Jersey way back in 2007.

I have no time for “bent cops” or for people who are in any way involved with the illegal drug trade. However this is not case of bent cops but cops having to think on their feet when felons were likely to evade arrest. The 3 officers involved have always claimed that they sought advice and acted in good faith. Today is very much their day because their actions have been vindicated.

I can also understand concerns raised by people who are arrested and then convicted as a result of questionable police evidence. Curtis Warren and his team may well feel that they fall into that category but there is another appeal route which they are entitled to pursue.

In previous Blogs, I have questioned the role of senior police officers, the Crown Officers along with its Prosecution Service and the Judges who all appear to want their cake and eat it.

The above persons chose to accept the police evidence which led to the decision to prosecute, try, find guilty and at the Appeal uphold the decision. Therefore why did the judges choose to criticise the officers and why did the senior police officers perform a “U turn” and level discipline charges against the officers over five years after the initial arrest. One may ask why the u turn, who was really pulling the strings and will anyone, be accountable? In my Blog published on 13th December I wrote

“It seems that when the States Police wish to bring charges against certain officers, expense does not come into the equation and goodness knows how much the current discipline case will cost the taxpayer and will anyone be taken to task if the officers are exonerated?

Ahead of the Hearing, the Advocate representing the police officers said that the officers all categorically denied that they had behaved unlawfully, improperly without advice or that any action that they took was unauthorised."

The disciplinary hearing has now been concluded with the case being dismissed and the officers exonerated. The above Advocate in his short statement said that he could not enlarge on his statement until the Chief Constable had published his judgement which is expected in a matter of days.

I intend to publish another Blog after the judgement is published however it is understood that during the Hearing there was much discussion regarding the role of the Jersey Law Officers in the investigation and that this appears to have been influential in determining the outcome. In my Blogs I too have raised concerns so I shall be waiting for the judgement with interest.

The States Police has published a short statement in which it states it is "pleased" that three of their officers have been cleared. On hearing the statement one wonders which of the 3 officers was first to the sick bag. They must also be asking that if they have friends in such high places who needs enemies.

Those responsible for instigating the disciplinary action must be accountable because it was not only a financially costly exercise but also traumatic for the officers and their families and also for fellow States Police officers who will be questioning what support they will receive should they too find themselves in the situation their colleagues faced in 2007.

Today’s verdict is another very costly own goal for the States Police and those with oversight of our criminal justice system. One wonders how many more own goals will scored in this sorry saga?

That was the year that was.

As 2012 draws to an end it will most probably be best remembered for when London hosted the Olympics in Diamond Jubilee year, the likes of which may never happen again. However life for lesser mortals has not been without its highs and lows and this Blog is devoted to looking back and commenting on some of the 31 Blogs I published during the year.

I did not comment on the proposition to purchase the Plemont headland. This was championed by our Chief Minister Ian Gorst, Senator Bailhache, Senator Ozouf, the Jersey National Trust and local media. The approved Planning application was even described as “rape.” I did however devote several Blogs in an attempt to save a playing field along with its cricket and football pitches. Interestingly not one of the aforesaid lent any support in opposing the application “rape?” to replace the existing St Martin’s School by building on its playing field. Double standards and hypocrisy methinks.

In April I published a Blog “Good Cop, Bad Cop” following a former Centenier (honorary policeman) being charged with sex offences against young girls. Last month the Centenier was found guilty and will be sentenced next month. I did question whether anyone would be looking into any of the sexual cases the Centenier may have handled whilst in office. The question remains unanswered.

If the Centenier was a skeleton in the cupboard there was a more grotesque
skeleton in the form of Jimmy Savile who was exposed a few months later.

I published a couple of Blogs relating to the possible use of Taser Guns by our Police Officers, notwithstanding the States Police being able to justify an extension to its armoury. It is apparent that Taser Guns will be issued next year. How soon will it be before the lethal weapons are in common use?

It has been reported that a possible replacement for the former Auditor General has been found. It should be recalled that the former Auditor General had resigned after raising serious concerns about Senator Ozouf’s intervention into the financial arrangements relating to the possible relocation of the police headquarters. Senator Ozouf felt that he had been unfairly criticised and found guilty without a trial. In an April Blog I accused the Senator of shedding crocodile tears as he had been quite content for other people like the former police chief to suffer the same fate. It is evident that they were crocodile tears because a few months later when the Senator had an opportunity of supporting a proposed Inquiry, he opposed the proposition.

I also devoted some Blogs on the proposed Committee of Inquiry (COI) into the Historic Child Abuse. Not only was I concerned at the delay but also of its possible composition and terms of reference (TOR). The wheels have turned very slowly but at last a proposition has been lodged and is down for debate next month.

Verita was entrusted with coming forward with recommendations and although the Chief Minister is claiming that its recommendations form the base for his proposed TOR there are some significant omissions whereby they fall far short of what is expected if the COI is to be meaningful.

It is heartening that plans are in hand to lodge amendments which will no doubt be the subject of future Blogs, but will the amendments have the Chief Minister’s support?

Along with others, I published a Blog on the Electoral Commission’s role which included my submission to it. I did propose that Jersey follows the Guernsey format with Districts, one form of States Member with a 4 year term of office. It was no surprise to read that the Electoral Commission bottled out of recommending that Connetables should no longer be ex-officio. I understand that arrangements are in hand for a referendum, if the result is that the Connetables role should end, will States Members have the courage to listen to the public?

I also published 3 Blogs on the Curtis Warren arrest. The Blogs have certainly been well read with many comments being received. It is not disputed that the police officers unlawfully bugged the car. Having made the arrest the procedure that followed was out of their hands. It was open to the Attorney General’s office to refuse to prosecute. It was also open to the Courts to refuse to hear the case and having been found guilty it was open to the Court of Appeal to overturn the verdict.

The police officers not withstanding their unlawful action; prevented a large amount of drugs illegally entering the Island and acted in a manner they thought best. It could be said that it was for the greater good. What I find hypercritical is the condemnation from the Courts and now over five years later charges of bringing the police force into disrepute have been levelled against the arresting officers.

Surely if the Officers allegedly brought the States Police into disrepute it was in 2007 so why has it taken so long to bring discipline charges? In answers given to the former Senator Shenton some three years ago an estimated £3m had already been spent on police and court costs, goodness knows how much more the case has cost since and will continue to cost. Given the cost one is entitled to ask who is really responsible for the events that followed the arrest in July 2007 and should they not also be made accountable?

2012 has indeed been eventful and no doubt so too will 2013. I have raised a number of questions but will they be satisfactorily answered? The Plemont headland issue will continue to rumble on and a new St Martin’s School will be built on its playing field. The Centenier will be sentenced, but aged 77 will the punishment fit the crime? Police Officers will be issued with Taser guns which will further distance them from the public. A new Auditor General will be appointed but will she be subjected to political interference?

There will be a referendum to decide the future States format, what are the chances of the status quo remaining? Will the COI terms of reference be amended to give it the teeth to conduct an open and meaningful inquiry? Lastly how much more public money will be spent or “wasted” on the Curtis Warren case, it seems that the only winners will be the lawyers.

In a few hours time we shall be saying adieu to 2012 and bonjour to 2013, apart from extending my seasonal greetings to you all, I would also like to thank you for not only reading my blogs but to those who have submitted comments. Although I don’t know who reads my Blogs I know that readership is worldwide and I often wonder what it is about my Blog that raises your interest in Jersey in the first place, but your interest is much appreciated.

On a final note it was January 1st 1961 that I flew to London to join the Metropolitan Police the next day. Sitting along side of me on the plane was Ted Vibert, who I knew as an aspiring journalist and a fellow footballer. Ted like me some 30 years later was elected to the States. I have always considered his summing up in the Trinity Landfill debate to be one of the finest during my 18 years in the States.

On my arrival in London I stayed overnight at Gilmour Section House which is situated near to the Elephant and Castle in south London. I remember going for a drink, and also sharing a piece of my mother’s Christmas cake with a police officer named Hilton Cole who was transferring to the Met Police from Wales. Within a few months Hilton made world news and became known as the first UK police officer to arrest some one via the Identikit system. As one will see he arrested Edwin Bush who admitted murdering shop assistant Elsie Batten and was later executed.

As Hilton was a transferee he only had to attend a shortened training course so did not join me at Hendon. Attached is the fine body of recruits who were the first of the 1961 intake. Can anyone pick me out?

As Hilton was a transferee he only had to attend a shortened training course so did not join me at Hendon. Attached is the fine body of recruits who were the first of the 1961 intake. Can anyone pick me out?

Curtis Warren-- Questions still Unanswered?

Those who have read my two Blogs relating to Curtis Warren Blog I Blog 2 will know that the long awaited Hampshire Police report was due in early December. However it is quite evident that the report was received some time ago because three of the officers involved with the case are currently defending their corner via a Discipline Board.

The decision to charge the officers is a “U Turn” because on 8th December 2009 when asked by the then Deputy of St John Phil Rondel whether any action was being taken against the senior officer in charge of the officers who operated off Island the Home Affairs Minister Senator Le Marquand said “I am not aware of any intention on the part of the acting leadership of the police force to take disciplinary action against anybody in relation to this matter. I explained in some interviews which I did in the last 2 weeks or so that although policy is that officers should operate within the law in whatever jurisdictions they are acting, there may be circumstances, and it will be exceptional circumstances, which would warrant operating outside the law, particularly if there were major public safety issues to do with terrorism or things of that nature. These would be wholly exceptional circumstances, but nevertheless they exist and matters of this nature must be judgements to be made by individual officers in particular cases. Those judgements should be made with extreme caution of course and the presumption is very much against acting unlawfully.

However in May last year in answer to a similar question Senator Le Marquand stated that the new Police Chief had a different view and had instigated the investigation, he had been informed of the decision and was fully supportive of it.

Obviously there must be a reason for the “U Turn” and what if any pressure was put on the new Police Chief. Could a clue be found in the annual report of the Investigatory Powers Commission for Regulation of Investigatory Powers (Jersey) Law 2005 and Police Procedures and Criminal Evidence (Jersey) Law 2003 published on 7th June last year via R69/2011.

The Regulation of Investigatory Powers (Jersey) Law 2005 requires a Commissioner to carry out an annual review and publish a report. The Law also imposes a duty on a large number of office holders and individuals, listed in Article 44(1) (a)–(n), to disclose or to provide to the Commissioner any document or information which the Commissioner may require to enable him to carry out his functions under the 2005 Law; and Article 39 imposes a specific obligation on the Attorney General to notify the Commissioner at least every 12 months of authorizations for intrusive surveillance which he has granted, renewed or cancelled.

 If the Commissioner becomes aware of any contravention of the provisions of the 2005 Law or if he considers that any of the arrangement made under Article 19 are inadequate, he is required to bring the contravention or those inadequacies to the attention of the Bailiff in a Report in respect of his functions which he must make to the Bailiff as soon as possible after the end of each calendar year (Article 44(4)). Such a Report must be laid before the States.

However if it appears to the Bailiff, after consultation with the Commissioner, that the publication of any matter in such a Report would be contrary to the public interest or prejudicial to national security, the prevention or detection of serious crime, the economic well-being of Jersey or the continued discharge of the functions of any Public Authority whose activities include activities which are the subject of review by the Commissioner, the Bailiff may exclude that matter from the copy of the Commissioner’s Report laid before the States (Article 44(7)).

Readers of my two Blogs will recall that in July 2007 the Attorney General was aware of the illegal bugging of a vehicle used by the Curtis Warren’s gang on the Continent. The matter was before the Court in March 2008 and October 2009 yet there is no mention in the 2008/9/10 Reports, one may ask why because the matter was in the public domain and does not appear to fall within the criteria above.

On page 12 in R69/2011 the Commissioner states “In July 2007, certain events occurred which are relevant to my function as Commissioner. In Reports since that time, I have indicated that I considered it appropriate to delay comment on that matter until all judicial proceedings had been completed. Now that the Advice of the Privy Council has been given, I must report on the matter.

If one reads the 2008/9/10 Reports there is no mention of the July 2007 events so how can the Commissioner claim that he considered it appropriate to delay comment until all judicial proceedings have been completed. Having read the Reports it is evident that he did not comment but neither did he make any reference to the matter. Also not all of the judicial proceedings are completed because according to media reports Curtis Warren has referred his case the Court of Human Rights.

I am perplexed by the Commissioner Sir John Nutting’s claim, does he not have a duty to be even handed and not have waited until the Privy Council had delivered its verdict. One may ask why wait 4 years before seeking assurances from the police that they will not deliberately disregard the regulations. Why wait 4 years to get an assurance from the Law Officers that should there be a repetition of a deliberate act done in contravention of either Law, they will not introduce into evidence the products of such illegality at any subsequent trial.

It is now some five and a half years since the arrest and as mentioned above, three police officers are facing disciplinary charges, why has it taken so long and is the process fair and consistent? I stand corrected but I believe that no disciplinary action was taken against the officers involved with the unlawful entry into the home of the former Senator Syvret. Apparently the three officers are facing disrepute charges, so why did the officers who broke into Mr Syvret's home not face the same charge? Who makes the decision to instigate disciplinary action and is the public interest ever taken into account?

I am not defending the officers involved with the arrest of Curtis Warren and co, but if the Law had allowed for an audio device to be installed, it is likely that the officers would have been commended for their initiative and persistence. However now over 5 years later they find themselves facing discipline charges. Why has it taken so long to instigate charges?

It seems that when the States Police wish to bring charges against certain officers, expense does not come into the equation and goodness knows how much the current discipline case will cost the taxpayer and will anyone be taken to task if the officers are exonerated?

At the States Sitting on Tuesday Deputy Tadier asked Senator Le Marquand whether the investigation had been completed and if so, would he make the outcome known.

As usual Senator Le Marquand was guarded with his answers and clearly would not be drawn. What is evident is that the arrest has incurred considerable expense and the disciplinary process will just add to it but the Minister did know of the cost.

One other important matter which seems to have been ignored is what is being done to ensure that police officers are not faced with the same difficulties when attempting to perform their duty especially when on the Continent.

I go back to the former Deputy of St John’s question on 8th December 2009 when he further asked Senator Le Marquand; “Given that crime has no boundaries and the Jersey Police have to operate outside of the law in France, Holland and Belgium in the Warren Gang Inquiry, what action is the Minister taking to put in place reciprocal agreements on crime with the European Union so our police do not fall foul of the law in other E.U. (European Union) states. If none please explain why none has been put in place and if he is, would he please give us an update of when he is on putting something in place?

Senator Le Marquand replied “I am not under the impression that formal agreements are required in relation to such matters. It is always open to Jersey law enforcement agencies, which would include Customs and Immigration, to work in co-operation with their colleagues in other jurisdictions. That would be the normal route in my view, but no formal agreements are required for that to take place.

The Bailiff intervened and added “If I may assist you Deputy, it is more a matter for the Law Officers who would pursue such a request on behalf of the police.”

Police Officers particularly on front line duty should not be placed in invidious positions which may lead them to break the law to arrest offenders. It is therefore incumbent on people holding more senior positions to ensure that Laws are amended so officers are not hamstrung.

In the meantime, the case against the three police officers will continue, Curtis Warren will continue with his appeal both of which will be funded by the taxpayer. Life is not fair and no doubt the police officers and the Curtis Warren gang will be feeling aggrieved along with the long suffering public who is footing the bill.

I titled my Blog published on 17th October “More questions than Answers” there are indeed many questions which remain unanswered. What advice was really given by the Crown Officers in July 2007 and has there been an internal enquiry, why was the decision taken to prosecute, why did the judges decide to let the case proceed, why did the Commissioner remain silent, why the police “U Turn” to take disciplinary action, what is it costing and where is funding coming from, whats steps have/are being taken to ensure that police officers are not placed in the same position etc.

The answers to questions asked and answers on Tuesday were not satisfactory, hopefully as events unfold satisfactory answers will ensue.







.

Jersey Historic Abuse Inquiry- Possible Amendments?

Three weeks ago the Chief Minister lodged P118/2012 relating to establishing a Committee of Inquiry (COI) into Jersey’s Historical Child Abuse. States Members and the public will have had time to read and study the proposition. Hopefully States Members will have compared Verita’s recommended Terms of Reference (TOR) with those published in the proposition. It is also hoped that interested parties will have considered whether the proposed TOR are sufficient.

Deputy Monty Tadier has correctly asked two Oral questions of the Chief Minister seeking clarification as to whether the proposed TOR will enable the COI to address the suspension of the former Police Chief. The answers received have been “woolly” in that the Chief Minister has stated that it will be down to the COI to determine whether the matter needs to be addressed.

In P118/2012, the Council of Ministers (COM) state that Verita’s recommendations had been used as the foundation for its TOR, however it does not explain why for instance it has omitted two of Verita’s recommendations which can be found on page 29 in P118/2012.

They are:

•Determine whether the concerns in 2007 were sufficient to justify the States of Jersey Police setting in train Operation Rectangle.

Government

•Review what actions the government took when concerns came to light in 2008 and what, if any, lessons there are to be learned.

It is apparent that the COM is not willing to address concerns relating to the Police investigation. Given the cost of the investigation, along with the criticism of the Deputy Police Chief and his Chief who was subsequently suspended and in all reality dismissed by stealth one can understand why Verita included the matter in its recommendations.

It is also apparent that Verita considered that political oversight should extend beyond that of the Education and Health Departments’ oversight before 2008. Once the investigation got underway the COM’s political oversight had been likened to a “headless chicken” approach with no one knowing who politically was in charge. Also whilst the Police PR was the subject of much criticism, one could hardly say that the COM's approach was a shining example of good practice.

Quite rightly the COI will be looking at how Children’s Homes were run, what procedures were in place to address concerns, the recruitment and monitoring of staff and Health and Education’s officer and political oversight. However if the Inquiry is to be of any value it must extend to the investigation, the suspension and political oversight.

Those who have followed the investigation since 2008 will know that the decision to set in train Operation Rectangle with the subsequent “dig” at Haut de la Garenne was not taken lightly or in isolation. Establishing the truth is often costly and should always be justified. Can the expenditure of near £1m in suspending an officer who was due to retire be justified? Cheap snipes at the cost of a meal in London’s West End have overshadowed the dedication and hard work of resolute officers who would not be sidetracked because of what may be revealed or was causing embarrassment.

Did the investigation warrant the criticism and did it justify the suspension of the police chief? Even though questions can rightly be asked about the credibility of the Napier Report, it never the less did expose Ministers' shortcomings and those allegedly advising them. However questions remain as to why the Police Chief was suspended. Was it because he upset certain Ministers and the Chief Executive, was it because he and his former Deputy were getting too close to exposing certain people in high ranking positions or was it to safeguard alleged prosecutions in train?

As for political oversight, who was really in charge, if the Home Affairs Minister was conflicted why was she not replaced? Where was the chain of command, what was the Chief Minister’s role? Are proper procedures now in place to ensure that matters are handled more professionally in the future?

These questions deserve answers and the place to ask them is at the Inquiry, however it will be down to States Members to ensure that the necessary amendments to P118/2012 are lodged in good time.

St Martin's School Playing Field-- Final Chapter

It was last March that I published what was to become the first of seven further Blogs relating to the application to build a new St Martin’s School on its playing field. I had described the proposed plan “as one of the poorest ever drafted” My main reason for the comment was because it did not make sense to build on the playing field when there was ample room to either redevelop the existing school or as it was deemed to be no longer “fit for use” then it could be demolished and rebuilt from scratch.

Other parish schools had been redeveloped on their existing sites, this is evident by the fact that in page 19 of the feasibility Study it states “The object of incorporating schemes 1B and 1C is to illustrate how the existing school could be remodelled to provide accommodation of a similar size and standard as the recently newly built primary schools such as St Clements’s and St Peter's schools. Not withstanding the comment neither scheme was advanced, the school was promptly placed on the Sites of Local Interest” and plans were then advanced to build on the field because as it was revealed at the Planning Meeting last Friday, it happened to be in public ownership.

For the past 6 months I have written letters to the local newspaper and kept the media and public informed via the publication of further Blogs. I had nominated the field in relation to the Diamond Jubilee Field’s Trust and held a public meeting. I am grateful for the support I received and thank those who attended the public meeting and submitted comments in line with the Planning Policy; however it is now evident that the Planning Minister had decided way back in March to approve the application and in the words submitted by one objector “the public consultation exercise was ‘a charade’ and the process seemed to be a ‘fait accompli’;

I am not aware of any disagreement regarding the need to upgrade or replace the existing school, that had been taken as a given way back. The only issue was whether the replacement should be on the existing site or on the school field. That should have been the only issue the Minister had to consider last Friday but he was simply not interested in that valid argument and clearly his mind was made up before last Friday and the meeting was indeed a farce.

Having for the first time, sat through the application process I can honestly say that it was a bizarre experience. Whilst there was much to be said about the flexibility given to the time allowed to speak, there are genuine concerns over the way the application process was conducted and the acceptance of over 200 submissions of support lodged some 9 weeks after the closing date. Normally 3 weeks is given for submissions, however because of the public meeting, additional time was given which in the end totalled 8 weeks. Most of the late submissions, which were in the form of a pro-forma given to parents by the school, were undated and the contact details removed by the Planning Department so there was no way any one could check the author’s validity. Notwithstanding the late submission their existence was used as support by the Planning Officer.

In his report the Planning Officer listed a number the points made by those in support or opposition, however the parish football club’s representative strongly refuted the claim that his club was happy with the current arrangement. He also stated that as his club is now homeless it is in grave danger of folding. Although temporary consent had now been given to train on the existing playing field that arrangement would end once construction began. He asked that if the application was approved, it should include a condition whereby the Education Department should re-house the club in the parish in line with UK policies.

The case for opposing the application was well made by the 4 objectors which included me. Simply, why build on the field when a school could be built on the existing site? Those in support were repetitive with their claim that the school should be replaced, which has never been disputed, however the Minister never asked any of them why the school should be built on the field rather than on the existing site and what affect if any, it would have on the children should they be temporarily re-housed in port-a-cabins during the new school’s construction.

The States Architect was asked to comment on the plans for the new school, but the Minister never asked him whether a fit for purpose school could be built on the site if the existing buildings were demolished? His failure to ask such an obvious question lends support to the belief that he had made his mind up before last Friday and he was merely going through the motions. Interestingly as the Minister failed to ask the question, I asked it and astonishingly the Officer said it was not possible and not even if the new build extended on to the hard standing area on the playing field.

The school is on a 3 vergee site and the hard standing area on the field provides a near additional half vergee, yet the States are employing architects who cannot draw up plans to build a school which has a near £8m budget on such a generous envelope.

Once the last person in support had spoken, the Minister in almost indecent haste delivered his verdict which he had obviously reached some months ago. Not withstanding the fact that he is also the Minister for the Environment and has stated that he wants to be champion of the environment he gave approval to the application which sees the demise of the Playing field along with its cricket pitch and adult football pitch, the loss of a much valued open space and a public amenity. At no time did he attempt to justify the decision or why the rebuild could not be on the existing site.

The Minister did not as requested, include a condition on the Education Department to find an alternative playing field in St Martin, but he placed a condition that the club could continue using the junior playing field to train on. The Minister obviously missed the point that if the Club does not have a pitch to play on and folds, it will certainly not need an area to train on.

As one can see by reading any of the 8 Blogs below, much effort has been made to argue for the retention of the playing field, yet there has been little support to build on it. I intentionally delayed publishing this Blog because I was conscious that the Minister was giving consideration to the application to demolish the existing holiday camp site on the Plemont headland, build 28 houses on the existing site and return a larger part to nature.

The Chief Minister, Senator Gorst is supporting the view that the whole area should be purchased by the public and returned to nature. If one reads my Blogs one will see that Chief Minister Gorst was responsible for the Diamond Jubilee Field’s Trust which was intended to save 2012 playing fields throughout the UK. He was aware that in early May I had nominated the St Martin’s Playing Field before planning consent was sought, but did nothing to process the nomination. Since September he has transferred responsibility for the Field Trust to the Connetables who to the best of my knowledge have not taken steps to involve their parishioners or advance the scheme which ends next month.

Given the Chief Minister’s support for the environment and spending tax payer’s money in support of returning Plemont which is privately owned and already built on to headland, one would have thought he would have been supportive of retaining a publically owned playing field. However the good Chief Minister along with his Environment Minister and Sports Minister kept their heads way below the parapet and were found wanting at the Playing field’s hour of need.

The same could be said of the Jersey Sport’s Council who could not even be bothered to submit a report. It should have been fighting to protect playing fields, but was also found wanting, so what is the point of that body if it is not willing to fight its corner for clubs and associations?

The Planning Minister has now made his decision known and he is giving consent to build on the Plemont site. Given that it is a brown field site the decision should not come as a surprise but will disappoint some people. Interestingly unlike the Playing field application, the Minister commissioned a consultant to review the application, this gave both sides the opportunity to submit their views and allow for the feed back to be independently scrutinised.

Given the concerns raised about the devious change of use and lack of public consultation before and after the Island Plan debate, one wonders why the Minister did not follow suit with the Playing field application. I submit that had such a review been conducted the recommendation would have been to save the field.

Unfortunately approval has now been given with little chance of any appeal. There are calls to find sites to relocate the Police Headquarters and the Hospital, may I suggest that the FB Playing Fields or any of St Martin’s green fields be considered. The green light has been given and a precedent set by the current Planning Minister who appears to have little enthusiasm for protecting playing or green fields.

St Martin's School

You don't what you have lost till its gone

Queen Elizabeth II Fields Challenge

Save our Field----Is anyone listening???

Public Meeting (Report)

Wanted--Your Help to Save Your Field

St Martin's Playing Field--- Thank you

Moving the goal posts-- Literally

Jersey Historic Abuse Inquiry-- One small step

Some 20 months after the States approved the amended proposition to establish a Committee of Inquiry the Council of Ministers (COM) has today finally lodged its Proposition; P118/2012 COMMITTEE OF INQUIRY: HISTORICAL CHILD ABUSE.

As mentioned in my last Blog and in the many Comments that followed, the (COM) could not run nor hide forever, nor could it run the risk of cutting corners by having an in house Napier style review.

The COM has stated that before a public Inquiry can be considered it must pass the first test of being a’ definite matter of public interest’. I believe that test was passed in 2008 and it is a pity that it has taken the COM 4 years to recognise the obvious.

The COM has also stated that in general there are 6 main objectives of a public inquiry –

(1) Establishing the facts – providing a full and fair account of what happened.

(2) Learning from events – distilling lessons and preventing their recurrence through changing practice.

(3) Therapeutic exposure – providing an opportunity for reconciliation and resolution between different parties.

(4) Reassurance – rebuilding public confidence in whatever service or issue has been the subject of the inquiry.

(5) Accountability – holding people and organisations to account, sometimes indirectly contributing to the assignment of blame and mechanisms for retribution.

(6) Transparency – demonstrating that ‘something has been done’ or transparency in government.

There can be very few people who will disagree with those objectives and they form the basis of any Committee of Inquiry. However to ensure those objectives are achieved the COM has accepted that it is important that the members of the Committee of Inquiry come from outside the Island, have a legal/judicial background and have the stature and experience to act impartially to safeguard the interests of everyone involved.

Who those people are and how they are appointed is as crucial as the terms of reference therefore it is important that the appointment process is conducted in a transparent way. It is proposed that a small panel should be formed under the Chairmanship of the Greffier of the States to recommend a chairman and two Committee Members. The selection process will be overseen by the Jersey Appointments Commission.

Whatever way and whoever is involved with the selection process is always on a hiding to nothing and it is not an easy task. It is also evident that much time has already been lost therefore the sooner the COI is appointed the better as the COM wishes the Inquiry to be completed within a year of its commencment, so the appointment process must be prompt and transparent. I can recall that when the States approved my proposition to review the role of the Bailiff and Crown Officers the appointment process took months and it took another proposition from me to speed it up. This must not happen again.

Having worked with the Greffier of the States for some years, I know him to be a man of integrity, efficient, widely respected and he has my full support. I am confident that he, along with his colleagues will submit names of people for appointment that will be acceptable to States Members, the victims and the general public. Should States Members be concerned about the nominees or the Terms of Reference (TOR) it will be open to them to lodge amendments.

The TOR is in line with Verita and I believe allows the Committee to look at issues such the suspension of the police chief and was he suspended to end the abuse investigation. However that is a matter that needs clarification before the proposition is debated.

Today is one small step but one in the right direction taken by Senator Gorst and the COM. There are some who will rightly say that it has taken a long time and the COI has not come about following a display of leadership from the COM or rigorous calls from the media. It has come about because of the lead taken by a small number of States Members ably supported by the Bloggers who have published the truth and repeated it and whose Blogs are reaching a far wider readership than is given credit.

Hopefully the Proposition will also be a small step in addressing the concerns of the most important people of all, that being the victims who have been the forgotten people in the whole sorry saga of concealment.

Unfortunately due to procedure P118/2012 cannot be debated until Tuesday 15th January, however that should give sufficient time to properly digest its contents and any ambiguities clarified. It will also, if deemed necessary, allow for amendments to be drafted and lodged.

Your comments will be welcomed.

Savile-- Skeletons in the cupboard

It is a year ago that Jimmy Savile died but it is only recently that his evil deeds have emerged. It is interesting reading the comments from people who are currently holding senior positions in establishments where Savile worked such as at the BBC. In summary I quote some of the comments attributed to Lord Patten, Chairman of the BBC Trust who said;

“The filth piles up. As the Savile story continues to unfold, threatening and destroying reputations, three issues particularly trouble me. Above all else, I think of the victims of abuse – women and men – marooned for decades with terrible memories of physical and mental torment which, even when they had the courage to report them, no one apparently believed. Not the police. Not the newspapers. Not the BBC.

Did some turn a blind eye to criminality? Did some prefer not to follow up their suspicions because of this criminal’s popularity and place in the schedules? Were reports of criminality put aside or buried? Even those of us who were not there at the time are inheritors of the shame.”

Powerful stuff and one gets the feeling that he is trying to ensure that “no stone will be left unturned.” To this end the BBC Trust has established its own independent investigations which will run in parallel with the Police. Its purpose is to establish whether senior executives leaned on people to drop certain programmes and were false reports published to justify certain actions. BBC’s culture and practices will also be examined along with its child protection and whistle blowing polices.

Lord Patten has promised that the independent inquiries will not be a smokescreen behind which the BBC can hide. He added “They must and will get to the truth of what happened. The BBC must tell the truth and face up to the truth about itself, however terrible.”

Somehow the comments above are on pretty similar lines with those uttered in Jersey in 2008. By coincidence it is also a year ago that Verita published its Report along with proposals for and recommendations about commissioning a Committee of Inquiry into Jersey’s historical child abuse.

It should be noted that the Report only came about because on March 2nd last year following a 5 hour debate the States, by 37 votes to 11, with 1 abstention approved P19/2011 as amended. For the benefit of those who not acquainted with the reasons why Verita and more recently the Andrew Williamson Report have been published I will go back to March 2008. It was then when not only Jersey but the world became aware of the allegations of abuse to children in care in our “States run Institutions” with Haut de La Garenne in particular becoming the focus of world attention.

Like Lord Patten, the Chief Minister at that time Senator Walker, called for the truth to be exposed, no stone would be left unturned and no expense spared when seeking to achieve that goal. Quite understandably there were calls for an investigation or inquiry to run in parallel with the police to establish how such abuse could occur within the States’ run institutions. Unlike the BBC Trust, it was decided not to hold an independent investigation but the Chief Minister made a promise on 28th March 2008 to hold an inquiry if answers to 6 particular questions published in R27/2008 remained unanswered at the conclusion of the Police investigation.

When the police investigation got underway in March 2008 a whole catalogue of mishaps occurred along the way, including the unsavoury suspension of the Police Chief Officer and the dismissal of the former Health Minister which are well documented.

In December 2010 the Police announced that its investigation had ended however it was evident that there are still many unanswered questions. Although well over 150 individuals came forward alleging crimes against them, only 4 people have been prosecuted and no one in any capacity for the oversight of the children’s well being has been brought to task. Now that Jimmy Savile’s evil deeds have come to notice, what secrets are hidden in Jersey?

On 6th December 2010 a few days after the police announcement the Chief Minister of the day, Senator Le Sueur made an official apology and acknowledged that the care system that operated historically in the Island had failed some children in States’ residential care in a serious way.

In February 2011 the Council of Ministers published R8/2011 in which it set out the Council’s position in relation to a Committee of Inquiry into the historical child abuse. In simple terms it was of the view that nothing would be served by an inquiry, a line should be drawn and everyone should get on with their lives as if nothing had happened because lessons had been learnt.

There were a number of people including some States Members who like me were dissatisfied with the Council of Ministers conclusions. Soon afterwards Senator Le Gresley lodged P19/2011 which sought Members' support to request the Council of Ministers to reconsider its decision not to hold a Committee of Inquiry. Whilst I thought it was a commendable gesture, I felt it was a win, win proposition for the Council of Ministers. If Members voted against the proposition that would be the end of the matter. If they voted in favour and no matter how well supported, the Council of Ministers only had to consider its original decision but with no obligation to establish a Committee of Inquiry.

To enable Members to have the opportunity of a full debate and to consider the promise made by Senator Walker in March 2008 I lodged an amendment which asked members to consider whether they were content that the 6 questions posed in R27/2008 had been answered. If they were not then the questions should be considered by a Committee of Inquiry. Deputy Tadier added an amendment asking whether there was a consistent and impartial approach taken when deciding on which cases to prosecute; and was the process free from political influence or interference at any level?

When it came to voting on all 7 amendments, Deputy Tadier’s and 3 of mine were approved. Very importantly when it came to vote on Senator Le Gresley’s amended proposition, as mentioned above it was approved by 37 votes to 11.

It should be noted that among the 11 members who voted against the proposition were Senators Ozouf, Le Marquand and Maclean and Deputies Duhamel, Pryke and Gorst all are now current Ministers and I believe are obligated to carry out the wishes of the States. In the words of Lord Patten even though they were not there at the time they are the inheritors of the shame. That shame extends to each and every States Member for a promise made is a promise to be kept.

Following the States' decision, in September the Council of Ministers commissioned Verita to seek the views of interested parties about the purpose, manner and conduct of a Committee of Inquiry. Its report was submitted to the former Council of Ministers in November last year. Verita's report appears to tick all the boxes, it has been welcomed by the Care Leavers and other interested bodies. Unfortunately the Council of Ministers then commissioned Andrew Williamson to comment on Verita's Report which has not only caused further delay but was deemed by many to be a waste of money and an attempt to water down Verita's Recommendations.

It is now some 20 months since P19/2011 as amended was approved so why the procrastination, who are States Members protecting? Are there skeletons in the cupboards? Can't Members like Lord Patten "think of the victims of abuse – women and men – marooned for decades with terrible memories of physical and mental torment which, even when they had the courage to report them, no one apparently believed?" Don't our States Members have any feelings for those men and woman?

Chief Minister Gorst has stated that he wants to be sure that he gets it right and is shortly to lodge a proposition,. So far like his two predecessors he has failed to display the leadership expected of him. However he now has an opportunity to reclaim a few Brownie points by lodging a proposition in line with Verita's proposals. He must also produce a time line to ensure that the Committee of Inquiry is up and running by March next year.

Like the BBC our States must do its utmost to regain the public's trust and respect, justice delayed is justice denied. The promises made in March 2008 and the apology given in December 2010 are meaningless unless a full and open Committee of Inquiry is established without further delay. Again like the BBC the States must tell the truth and face up to the truth about itself, however terrible.

Paedophiles like Jimmy Savile only exist because people choose to turn a blind eye and in my book they are as guilty as the perpetrators and they too should be exposed and taken to task. I also believe that if States Members fail to establish a transparent Committee of Inquiry then they too are like the perpetrators.